The Vehicle Emissions Trading Schemes Order 2023

• “Euro 6e emission standard” means the Euro 6e emission standard referred to in—in relation to an EU Regulation-tested vehicle, Table 1 of Appendix 6 of Annex 1 to Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;in relation to a UN Regulation-tested vehicle, Table A3/1 of Annex 3 to UN/ECE Regulation No 83;

• “Euro 6e-bis emission standard” means the Euro 6e-bis emission standard referred to in—in relation to an EU Regulation-tested vehicle, Table 1 of Appendix 6 of Annex 1 to Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;in relation to a UN Regulation-tested vehicle, Table A3/1 of Annex 3 to UN/ECE Regulation No 83;

• “Euro 6e-bis-FCM emission standard” means the Euro 6e-bis-FCM emission standard referred to in—in relation to an EU Regulation-tested vehicle, Table 1 of Appendix 6 of Annex 1 to Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;in relation to a UN Regulation-tested vehicle, Table A3/1 of Annex 3 to UN/ECE Regulation No 83;

• “GB Regulation-tested vehicle” means a vehicle in respect of which the level of emissions of CO₂ were tested for the purposes of type-approval in accordance with Regulation (EU) 2017/1151, as that Regulation has effect in domestic law;

• “interpolation family” has the meaning given in point 6.3.2 of UN Regulation No 154;

• “phase” is to be construed in accordance with points 3.3.1 and 3.3.2 of Annex B1 to UN Regulation No 154 (class 3a vehicles and class 3b vehicles respectively);

• “Regulation (EU) 2017/1151, as that Regulation has effect in domestic law” means Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008, as that Regulation has effect in domestic law;

• “Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework” means Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;

• “Regulation (EU) 2018/858, as that Regulation has effect in domestic law” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC, as that Regulation has effect in domestic law;

• “subject vehicle” means the vehicle that is the subject of an application under this Schedule;

• “technical service” has the meaning given in—in relation to a vehicle which is registered in Great Britain, article 3(38) of Regulation (EU) 2018/858, as that Regulation has effect in domestic law;in relation to a vehicle which is registered in Northern Ireland, article 3(38) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;

• “test report”—in relation to a vehicle which is registered in Great Britain, means a report which—is issued by a technical service of the approval authority or, where article 30(2A) of Regulation (EU) 2018/858, as that Regulation has effect in domestic law, applies, by a technical service of an EU approval authority; andcontains the minimum data for the Type 1 test in accordance with Part 1 of Appendix 8a to Annex 1 to Regulation (EU) 2017/1151, as that Regulation has effect in domestic law, or Part 1 of Appendix 1 to Annex A1 to UN Regulation No 154;in relation to a vehicle which is registered in Northern Ireland, means a report which is issued by a technical service of the approval authority or of an EU approval authority and contains the minimum data for the Type 1 test in accordance with Part 1 of Appendix 8a to Annex 1 to Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;

• “transition cycle” has the meaning given in point 3.2.4.4 of Annex B8 to UN Regulation No 154;

• “Type 1 test” means—in relation to an EU Regulation-tested vehicle, the test referred to in point 2.1 of Annex 21 to Regulation (EU) 2017/1151, as that Regulation has effect in EU law from time to time and by virtue of the Windsor Framework;in relation to a GB Regulation-tested vehicle, the test described in point 1.1. of Sub-Annex 6 to Annex 21 to Regulation (EU) 2017/1151, as that Regulation has effect in domestic law;in relation to a UN Regulation-tested vehicle, the test described in point 1.1 of Annex B6 to UN Regulation No 154;

• “UN/ECE Regulation No 83” means Regulation No 83 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements;

• “UN Regulation-tested vehicle” means a vehicle in respect of which the level of emissions of CO₂ were tested for the purposes of type-approval in accordance with UN Regulation No 154;

• “Vehicle H” means test vehicle H of the interpolation family to which the subject vehicle belongs, as described in point 4.2.1.1.2 of Annex B4 to UN Regulation No 154;

• “Vehicle L” means test vehicle L of the interpolation family to which the subject vehicle belongs, as described in point 4.2.1.1.2 of Annex B4 to UN Regulation No 154;

• “Vehicle M” means test vehicle M of the interpolation family to which the subject vehicle belongs, as described in point 2.3.2.4 of Annex B6 to UN Regulation No 154;

• “vehicle type with regard to emissions” has the meaning given to “vehicle type with regard to emissions and vehicle repair and maintenance information” in article 2(1) of Regulation (EU) 2017/1151, as that Regulation has effect in domestic law.

Part 2 — Applications for alternative specific CO2 emissions

2

A CCTS participant may apply for the specific emissions of CO₂ of a car of which it is the manufacturer to be determined in accordance with Part 6 of this Schedule if—

• (a) the car is classed as an OVC hybrid electric vehicle in the certificate of conformity or individual vehicle approval certificate; and

• (b) the car was type-approved in accordance with the Euro 6e-bis emission standard or the Euro 6e-bis-FCM emission standard.

3

A VCTS participant may apply for the specific emissions of CO₂ of a van of which it is the manufacturer to be determined in accordance with Part 6 of this Schedule if—

• (a) the van is classed as an OVC hybrid electric vehicle in the certificate of conformity or individual vehicle approval certificate; and

• (b) the van was type-approved in accordance with the Euro 6e-bis emission standard or the Euro 6e-bis-FCM emission standard.

4

An application under this Schedule is valid if it—

• (a) is made to the administrator;

• (b) includes the vehicle identification number of the subject vehicle;

• (c) subject to paragraph 13, is made on or before 30th April of the year following the scheme year in which the subject vehicle was registered;

• (d) meets—

• (i) where there is an equivalent vehicle in relation to the subject vehicle, Condition A, Condition B or Condition C;

• (ii) in any other case, Condition B or Condition C;

• (e) is signed by or on behalf of the applicant to confirm that the information in or accompanying the application is true and accurate; and

• (f) is submitted in hard copy or by electronic means.

Part 3 — Conditions A, B and C

5

Condition A is that the application—

• (a) is accompanied by—

• (i) a copy of the certificate of conformity for the equivalent vehicle; and

• (ii) a copy of the test report, or a copy of the emissions type-approval certificate, for the equivalent vehicle; and

• (b) includes the information specified in paragraph 8 for the subject vehicle.

6

Condition B is that the application—

• (a) is accompanied by—

• (i) a copy of the certificate of conformity for the subject vehicle; and

• (ii) a copy of the test report, or a copy of the emissions type-approval certificate, for the subject vehicle; and

• (b) includes—

• (i) the information specified in paragraph 8 for the subject vehicle; and

• (ii) the information specified in paragraph 9 for each of Vehicle H, Vehicle L and Vehicle M.

7

Condition C is that the application—

• (a) is accompanied by—

• (i) a copy of the certificate of conformity for the subject vehicle; and

• (ii) a copy of the test report, or a copy of the emissions type-approval certificate, for the subject vehicle; and

• (b) includes the information specified in paragraph 9 for Vehicle H.

Part 4 — Specified information

8

The information specified in this paragraph is—

• (a) the following information specified on the certificate of conformity—

• (i) the test mass;

• (ii) the road-load co-efficients: f0, f1 and f2;

• (b) from the Type 1 test, the cycle energy demand of the vehicle, measured in watt-seconds.

9

The information specified in this paragraph is—

• (a) whether the vehicle is classified as a class 3a or a class 3b vehicle;

• (b) the following information from the Type 1 test—

• (i) the CO₂ mass emission over the total cycle of the charge-sustaining Type 1 test, calculated in accordance with Table A8/5 in Sub-Annex 8 of Annex 21 to Regulation (EU) 2017/1151 or step 7 in Table A8/5 in Annex B8 to UN Regulation 154 and measured in grams per kilometre;

• (ii) the CO₂ mass emission for each phase of the charge-depleting Type 1 test, calculated in accordance with point 3.2.1 of Sub-Annex 7 of Annex 21 to Regulation (EU) 2017/1151 or point 4.1.2. of Annex B8 to UN Regulation 154 and measured in grams per kilometre;

• (iii) the index number of the transition cycle;

• (iv) the cycle energy demand of the vehicle, measured in watt-seconds;

• (v) the maximum speed of the vehicle, measured in kilometres.

Part 5 — Decision on the application

10

The administrator must, within the decision period—

• (a) if the application is valid, grant it and notify the applicant accordingly; or

• (b) if the application is invalid—

• (i) reject it and notify the applicant accordingly; or

• (ii) if appropriate, proceed under paragraph 12.

11

The notification required by paragraph 10 must be in writing and include—

• (a) where the application is granted, the specific emissions of CO₂ of the subject vehicle (see further Part 6);

• (b) where the application is rejected, the reasons for rejecting it.

12

If an application under this Schedule, other than a further application under paragraph 13, is incomplete or contains an error, the administrator may, within the decision period, notify the applicant of the defect and allow the applicant to correct the defect within the time period specified in the notification.

13

If an application under this Schedule is rejected as invalid, the applicant may submit a further application for the subject vehicle on or before 30th June of the year following the scheme year in which the subject vehicle was registered.

14

In this Part, “decision period”, in relation to an application, means the period of 28 days beginning with the day after—

• (a) the day on which the administrator received the application; or

• (b) if the applicant sought to correct a defect in the application following a notification under paragraph 12, the day on which the applicant sought to do so.

Part 6 — Determination of alternative specific emissions of CO2

15

Where the administrator grants an application under this Schedule in respect of a vehicle, the administrator must determine the specific emissions of CO₂ of the vehicle in accordance with this Part.

16

If the application met Condition A or Condition B, the specific emissions of CO₂ of the vehicle is the value of MCO2-ind,weighted for the vehicle, as referred to in point 4.5.4.3 of Annex B8 to UN Regulation No 154 (and calculated in accordance with the equation in that point).

17

If the application met Condition C, but not Condition B, the specific emissions of CO₂ of the vehicle is the value of MCO2, weighted for Vehicle H, as referred to in point 4.1.3.1 of Annex B8 to UN Regulation No 154 (and calculated in accordance with the equation in that point).

18

For the purposes of calculating the values referred to in paragraphs 16 and 17, the normalised distance is 800 km.

11A

For a vehicle in relation to which an administrator has granted an application under Schedule 3A (alternative specific emissions of CO₂: OVC hybrid electric vehicles), “specific emissions of CO₂” in paragraph 10(e)(a) has the meaning it would have if that application had not been granted.